Texas gets stay in Planned Parenthood case (UPDATE)

The state — which quickly appealed a Monday preliminary injunction allowing Planned Parenthood to continue participating, at least temporarily, in the Women’s Health Program — has been granted a stay by an appellate court judge.

Attorney General Greg Abbott filed an emergency motion for stay last night in the 5th U.S. Circuit Court of Appeals, said Stephanie Goodman of the Texas Health and Human Services Commission, and Judge Jerry E. Smith granted it. His order said the stay is granted “pending further order of this court.”

The appeals court requested a response from Planned Parenthood by 5 p.m. today, said Goodman.

Planned Parenthood had been granted the preliminary injunction Monday by U.S. District Judge Lee Yeakel. The group is suing over Texas’ decision to bar clinics associated with abortion providers from the program, even though the clinics themselves do not provide abortions.

Asked whether the state would begin barring Planned Parenthood from the Women’s Health Program Tuesday, as it had planned, Goodman said:

“This ruling allows the state to fully enforce state law today and exclude abortion providers from the Women’s Health Program. Women who need help finding a new WHP provider can call 1-800-335-8957.”

UPDATE: Here is a statement from Melaney A. Linton, president and chief executive officer of Planned Parenthood Gulf Coast :

“Planned Parenthood is very disappointed in the stay granted last night, but we will be responding today. We are optimistic that when the State’s motion for a stay is fully considered, the District Court’s order that Texas cannot prevent Planned Parenthood from providing cancer screenings, birth control, screenings for high blood pressure and diabetes, and STD testing as part of the Women’s Health Program will stand. When presented with both sides, the District Court agreed the rule was likely unconstitutional, and that implementation would cause a serious problem with health care access for Texas women.

“In a state that leads in the nation in the percentage of people who are uninsured, where one in four women has no insurance, Planned Parenthood works every day to keep women healthy. Today, we are as committed as ever to continuing to care for all women who rely on us.”